48
votes
Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament?
No.
I suggest the best source for this is probably the ruling of the Supreme Court itself. I'd encourage you to read it in full - it's not long and surprisingly readable.
The legal argument the ...
- 1,098
41
votes
Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament?
In the UK constitutional system, the Queen is not above the judiciary—she is the judiciary. As Wikipedia notes:
The sovereign is deemed the "fount of justice"; although the sovereign does not ...
- 12.5k
33
votes
Accepted
Was the ruling that prorogation was unlawful only possible because of the creation of a separate supreme court?
There was legislation that provided for the House of Lords to hear cases during prorogation.
section 8 Appellate Jurisdiction Act 1876 http://www.legislation.gov.uk/ukpga/Vict/39-40/59/enacted
...
- 4,864
28
votes
To what degree did the Supreme Court limit Boris Johnson's ability to prorogue?
It is far too early to tell to what degree the Government's options have been constrained. A key part of the advice is paragraph 50;
For the purposes of the present case, therefore, the relevant ...
- 21.3k
26
votes
Could Boris Johnson face criminal charges for illegally proroguing Parliament?
No.
https://www.bbc.com/news/uk-politics-49810261
The notion of unlawful here means only that the prorogation does not comply with how the supreme court interprets the political rule book.
It ...
- 1,267
24
votes
Accepted
Could Boris Johnson face criminal charges for illegally proroguing Parliament?
IANAL, but probably the only thing he could be charged with is misconduct in public office. I haven't seen anyone suggest that he should be charged (for this, this time).
The charge does not require ...
- 106k
20
votes
Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament?
When you start to consider the way the UK constitution works you need to distinguish clearly "The Queen" (a 93 year old woman who likes horses and Corgi dogs) from "The Queen" (Dei Gratia Monarch of ...
- 92.7k
19
votes
Accepted
To what degree did the Supreme Court limit Boris Johnson's ability to prorogue?
The court put stringent limits that prevent a PM to abuse the power
If the judgement's pdf is to go by, oversight on whether prorogation is justified or not seems to now be firmly in the Court's hands....
- 30.1k
18
votes
Could Boris Johnson face criminal charges for illegally proroguing Parliament?
While this is a small difference, the supreme court found that the prorogation was unlawful rather than illegal. This may seem pedantic, but the law is often so. Boris will not be charged with a crime,...
- 592
10
votes
Accepted
Can Boris Johnson prorogue parliament again, after it reconvenes?
The Supreme Court has ruled that a prorogation designed to frustrate the function of Parliament is unlawful without justification. Your scenario fits that description.
- 27.7k
9
votes
Accepted
Did the supreme court overrule the monarch?
Or did the Supreme Court decide that the document, even though duly
signed, had no validity because it was issued on the basis of bad
advice?
I think that's about the size of it. In practice, the ...
- 4,864
9
votes
Accepted
What happens to the Queens Speech now?
The Queen' Speech can only be given if Parliament has been prorogued. Given that there legally has not be a prorogation, there currently cannot be a Queens Speech.
By my understanding of the court ...
- 592
9
votes
Within what limits can the prime minister ask the queen to prorogue parliament?
The limits can only be decided by a court, because the UK does not have written constitution setting them out.
The PM advises the queen to prorogue Parliament. There is an unwritten rule that the ...
- 17.1k
8
votes
Can proroguing Parliament have any practical effect on Brexit?
The government is responsible for negotiating the UK's exit from the EU (or cancelling it), so the idea Parliament could come to some kind of conclusion is really a distortion of the truth used by ...
- 17.1k
6
votes
Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament?
Official briefing on the Prerogative.
Three fundamental principles of the prerogative are:
• The supremacy of statute law. Where there is a conflict between the prerogative and statute, statute ...
- 21.2k
6
votes
Within what limits can the prime minister ask the queen to prorogue parliament?
From a legal standpoint, I've been unable to find any evidence of a limit on the length of prorogation, other than that prorogation cannot continue beyond the date when the current Parliament would ...
- 10.9k
6
votes
Accepted
How could the PM prorogue Parliament without the Queen's consent?
my understanding is that, in practice, the power is held by the government and the PM's "advice" is actually mandatory
That's true, with one crucial caveat: if the Queen is required to, say, sign a ...
- 10.9k
4
votes
Could Boris Johnson face criminal charges for illegally proroguing Parliament?
Highly unlikely
Most high courts (regardless of country) prefer to keep themselves out of the political process. When cases like this come up, they want to tailor things as narrowly as possible as to ...
- 38.4k
4
votes
Can the government extend the current prorogation?
There seems to have been a precedent in 1948, not of extending but rather of two prorogations in sequence. At the time, Atlee's Labour government was seeking to change the Parliament act of 1911. He ...
- 30.1k
4
votes
Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament?
The Queen could dismiss PM Boris and order an election. It happened in Australia! The Queen (through her representative the governor-general) in 1975 dismissed the then Labour government because they ...
- 41
3
votes
Did the supreme court overrule the monarch?
Does the Supreme Court actually have the ability to overrule the monarch, on the basis that she has been badly advised?
Yes. The Supreme Court wields the monarch's authority. She can overrule ...
- 14.4k
3
votes
How could the PM prorogue Parliament without the Queen's consent?
Only Her Majesty can prorogue Parliament. If Her Majesty refuses a request by the Prime Minister to prorogue Parliament, then that session of Parliament will continue.
As for overruling Her Majesty, ...
- 27.7k
3
votes
Could the UK Parliament change the rules on prorogation by voting in a new law?
Passing laws takes time, which is in extremely short supply.
The final deadline is the 31st of October. The real deadline, at least at the moment, is the 17th of October (the final EU summit before ...
- 7,448
2
votes
Could the UK Parliament change the rules on prorogation by voting in a new law?
Prorogation is a royal prerogative.
Parliament can modify royal prerogatives, or appropriate them, but to do so it requires the Queen's consent, which in practice means the consent of the government. ...
- 3,534
2
votes
Could the UK Parliament change the rules on prorogation by voting in a new law?
Yes, and Parliament has done so at least twice before. For example:
The Meeting of Parliament Act 1797, which effectively sets the minimum length of a prorogation.
The Prorogation Act 1867, which "[...
- 10.9k
1
vote
Could Boris Johnson face criminal charges for illegally proroguing Parliament?
At this point the court has not ruled that what he did was illegal, only that it did not comply with the laws of the land and thus should be voided.
If he tries to prorogue again or refuses to follow ...
- 17.1k
Only top scored, non community-wiki answers of a minimum length are eligible